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Standby Guardian Designation



The Indiana legislature has created a process for designating a “standby guardian.” The goal of a standby guardian is to prevent any gap between the point of incapacity or death and the point at which the Court actually appoints a guardian for minor children. A standby guardian will temporarily care for the minor children if the parents become incapacitated or die. Parents can designate a standby guardian by signing a properly drafted document in the presence of a notary. The designation becomes effective upon the parents’ death or incapacity. It lasts for ninety days.


In its recent amendment, Senate Bill 371 specifies that a Court must consider a standby guardian designation when appointing a guardian. However, for purposes of a guardianship appointment, a person designated as a standby guardian is second in priority to a person designated in a durable Power of Attorney. Learn more about guardianships from our other articles:

Fort Wayne, Indiana attorneys offering services in estate planning, Wills, Trusts, estate and trust administration, probate, elder law, Medicaid, asset protection, and guardianship.

​© 2020 by Madyson Shannon